R v W.M. Morrisons Plc – Court of Appeal – [2024] EWCA Crim 627 – Case Summary

Relevant for:

Health and safety lawyers, employment law practitioners, corporate counsel

This case concerned an appeal by W.M. Morrisons Plc against convictions for health and safety offences following the death of an employee, Matthew Gunn, who suffered from epilepsy.

TLDR:

• Morrisons was convicted of three health and safety offences.
• The company was fined £3.5 million for failing to ensure employee safety.
• The appeal against the convictions was dismissed.
• The court found that Morrisons failed to take reasonably practicable steps to ensure the safety of an epileptic employee.

W.M. Morrisons Plc was convicted in the Crown Court at Gloucester of three offences related to health and safety, following the death of Matthew Gunn, an employee who suffered from epilepsy. The convictions were for failing to ensure the health, safety, and welfare of employees, failing to carry out a suitable risk assessment, and failing to review the risk assessment. The company was fined £3.5 million for these offences.

Matthew Gunn, employed as a shelf replenisher, had a history of epilepsy with two types of seizures. Despite his condition, he was required to use stairs to access his locker, which posed a significant risk given his condition. The company had been made aware of the risks through formal meetings and concerns raised by Gunn's colleagues, yet no action was taken to mitigate these risks.

The prosecution argued that Morrisons failed to take reasonably practicable steps to ensure Gunn's safety, such as relocating his locker to the ground floor. The defense contended that the risk was not work-related and that the company had no additional duty beyond what was owed to all employees. The trial judge ruled there was a case to answer, and the jury found Morrisons guilty on all counts.

On appeal, Morrisons argued that the judge erred in allowing the case to go to the jury and that the risk was not materially related to the company's activities. The Court of Appeal dismissed the appeal, stating that the risk to Gunn was compounded by the work requirement to use the stairs, and that reasonably practicable steps to mitigate the risk were not taken.

The court emphasized that the duty under the Health and Safety at Work Act 1974 extends to all employees, and the specific risk to Gunn was significant and foreseeable. The court also rejected the argument that the matter should have been considered under the Equality Act 2010, noting that the primary concern was workplace safety under the 1974 Act.

Ultimately, the Court of Appeal upheld the convictions and the fine, concluding that Morrisons had failed in its duty to ensure the safety of Matthew Gunn, leading to his tragic death.

Legal representatives: Richard Matthews KC and Craig Ferguson for the Applicant, Richard Atkins KC and Mark Jackson for the Crown

Judicial Panel: Lord Justice William Davis, Mrs Justice Cheema-Grubb DBE, His Honour Judge Dennis Watson KC

Case Citation Reference: [2024] EWCA Crim 627

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